Welcome to IRUN CORP. (referred to as “IRUN”)
where affordable web design is the name of the
game. This IRUN Services Member Agreement (the
"Agreement") explains the terms and
conditions governing your use of IRUN’s
services, technology, and any other content available
on the IRUN service. By checking the box and clicking
on the ‘Continue’ button, you accept
these terms and conditions and acknowledge that
the IRUN service is subject to certain limitations
set forth below. If you do not wish to
accept this agreement, do not purchase this service.
By registering and purchasing any IRUN service,
you agree to use the IRUN service in a manner
consistent with all applicable laws and regulations
and in accordance with the terms and conditions
outlined below.
(a) Generally. Purchasing IRUN's
service entitles you (a "Member") to
all the tools, content, and services available
on the system regardless of your use of them.
If you would like to switch IRUN services, please
contact Customer
Care or apply the changes on your own (in
your "Account Summary" in the Customer
Login Area.
(b) IRUN Services and Technology:
You will be able to use the proprietary and licensed
technology incorporated in the IRUN Service to
build and maintain your web site ("Member
Site") ("Technology"). IRUN may
offer other tools and services that are not included
in any IRUN Service, including premium or custom
services for which an additional fee will apply.
Separate terms and conditions apply for each IRUN
Solution and will be outlined in a separate agreement.
(a) For access to and use of
any IRUN Service, you agree to pay all fees and
charges specified in the IRUN Service fee schedule.
All fees are due immediately and are non-refundable.
IRUN asks that you provide us with your credit
card information for payment, and all charges
you incur for use of the IRUN Service will be
charged to the credit card number you provide.
If IRUN does not receive payment from the card
issuer, you agree to pay IRUN all amounts due
upon demand. IRUN may take commercially reasonable
actions to validate your credit card and collect
all payments due. You agree to pay all attorney
and collection fees arising from any efforts to
collect any past due amounts from you to the extent
allowed by law. You understand that if IRUN does
not receive timely payment of all amounts due
for any Solution you purchase, your use of any
IRUN Service or Solution may be severely restricted
or terminated at IRUN's sole discretion. This
includes any Information you provide to IRUN while
using any IRUN Service or Solution.
THE FEE FOR ANY IRUN SERVICE IS NONREFUNDABLE.
IRUN WILL NOT REFUND ANY FEES PAID BY YOU IF YOU
TERMINATE YOUR AGREEMENT WITH US.
(b) IRUN reserves the right
at its sole discretion and as it deems appropriate
to add or remove certain services it offers and
change its fees for any services in accordance
with Section 4.
(c) You agree to notify IRUN
immediately if you suspect unauthorized use of
the IRUN Service, your credit card, or your password.
Under the Fair Credit Billing Act, your credit
card provider cannot hold you liable for more
than $50 of fraudulent charges. Subject to the
following, if your credit card provider holds
you liable for any of this $50, IRUN will cover
your entire liability up to the full $50. IRUN
will cover this liability only if the unauthorized
use of your credit card is solely a result of
a negligent act or omission by IRUN, and only
for purchases made at IRUN while using the secure
server. In the event of an unauthorized use of
your credit card, you must notify your credit
card provider in accordance with its reporting
rules and procedures.
(d) You agree to pay any taxes,
including personal property taxes or sales taxes
(GST for Canadian Customers), resulting from your
use of the IRUN Services. You agree to pay all
attorney and collection fees arising from our
efforts to collect any past due amounts from you
to the extent allowed by law.
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3. Restrictions
and Description of Prohibited Acts |
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(a) You may not use the IRUN
Service or IRUN Solution, the selection of a web
address for your Member Site, the Technology,
or the Member Site to, including, but not limited
to:
| (i) |
display material containing
pornographic material or adult paraphernalia
of any kind, whether viewable by the general
public or hidden in password protected areas |
| (ii) |
provide material that is grossly offensive
to the IRUN online community, including blatant
expressions of bigotry, prejudice, racism,
hatred, or profanity, or post any obscene,
lewd, lascivious, filthy, excessively violent,
harassing, or otherwise objectionable content |
| (iii) |
sell or promote any products or services
that are unlawful in the location at which
the content is posted or received |
| (iv) |
access illegally or without authorization
any computers, accounts, or networks of IRUN
or any IRUN Member, or attempt to penetrate
IRUN's security measures ("hacking"),
or conduct a port scan, stealth scan, or other
information-gathering activity the intent
of which is to gather information to be used
to attempt a system penetration; or upload
to IRUN, send through IRUN, or have IRUN host
or distribute any Internet viruses, worms,
Trojan horses, other harmful code, pinging,
flooding, mail bombing, or denial-of-service
attacks; or disrupt the use of or interfere
with the ability of others to effectively
use an IRUN Service or any connected network,
system, service, or equipment |
| (v) |
display material that exploits, or otherwise
exploit, children under 18 years of age |
| (vi) |
post any content or otherwise infringe in
any way or violate any copyright, patent,
trademark, service mark, trade name, trade
secret, or other intellectual property right
of any third party |
| (vii) |
promote, solicit, or participate in pyramid
schemes |
| (viii) |
post any content that holds IRUN up to public
scorn or ridicule |
| (ix) |
engage in any libellous, defamatory, scandalous,
threatening, or harassing activity |
| (x) |
post or disclose any personally identifying
information or private information about children
or any third parties without their consent
(or their parents' consent, in case of a minor) |
| (xi) |
post any content that advocates, promotes,
or otherwise encourages violence against any
governments, organizations, groups, or individuals
or that provides instruction, information,
or assistance in causing or carrying out such
violence. |
| (xii) |
post any information, images or content
that IRUN (in its sole discretion) deems immoral
or unfit for general public consumption. |
(b) You agree that without the
express consent of IRUN (and showing proof of
the appropriate licenses where necessary or appropriate),
you will never provide, sell, or offer to sell
the following products or content (or services
related to the same) on the Member Site you create:
pharmaceutical or any other controlled substances;
illegal drugs; illegal drug contraband; alcohol;
firearms; weapons; pirated computer programs;
pornography or illicitly pornographic sexual products;
adult paraphernalia; programs to "nuke"
or create attacks against another individual or
an Internet service provider; illegal goods; escort
services; instructions on how to assemble or otherwise
make bombs, grenades, or other weapons; information
used to circumvent manufacturer-installed copy-protect
devices; or computer software viruses or software
designed to create a virus.
(c) You also agree that you
will never promote or provide instructional information
about: illegal activities, activities that can
lead to physical harm to any group or individual,
or any activities that lead to cruelty to animals.
You may not use the IRUN Service, Technology,
or Member Site in any high-risk activities where
damage or injury to persons, property, environment,
or business may result if an error occurs. YOU
EXPRESSLY ASSUME ALL RISK FOR SUCH USE.
(d) Unless IRUN offers a service
to conduct any of the following, you agree that
you will never conduct the following types of
activities on the Member Site: gambling; sweepstakes;
raffles; lotteries; contests, pyramid, or Ponzi
schemes; and/or unsolicited commercial Email (spam).
(e) You agree that you will
not (and you will not allow any third party to)
partake in the following actions: reverse engineering,
reverse compiling or otherwise deriving the underlying
source code or structure or sequence of any IRUN
Service, IRUN Solution, or any Technology; individual
passwording of Member Sites (or pages contained
therein); deleting or altering author attributes
or copyright notices, unless expressly permitted
in writing by the author or owner; and/or fail
to obtain all required permissions when using
an IRUN Service, IRUN Solution, or Technology
to receive, upload, download, display, distribute,
or execute programs or perform other works protected
by intellectual-property laws, including copyright
and patent laws.
(f) You agree and acknowledge
that at all times, IRUN retains all rights to
the graphical design of the website or template
used by you as a paying customer. Images are licensed
royalty-free images that IRUN does not sell, sublicense
or offer for lease to any customers before, during
or after their time with IRUN as a customer.
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4. Changes to
the Terms and Conditions |
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IRUN may at any time, with notice of not less
than thirty (30) days, change its fees and change
the terms of this Agreement. Except for the addition
of new tools and services, IRUN will also give
reasonable notice before any modification of the
then-current IRUN Service that could change your
Member Site. IRUN will announce changes to our
fees and charges by posting them in the Home section
of our service (first page once a customer logs
into to Client Area). IRUN may, at its discretion,
supplement such notice by sending you an email
or by putting a popup notice on your screen when
you access the IRUN Service, or by sending you
a letter. If you find any change to be unacceptable,
you are free to terminate this greement by following
the steps described in Section 8.
IRUN relies on the ongoing support of its customers
to help fund the services it offers its Members.
Accordingly, IRUN reserves the right to include
its signature in text ("online website builder:
IRUN ") at the bottom of each web page IRUN
hosts. This will be unobtrusive so as not to detract
or in any way distract our customers’ web
site visitors.
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6. Information
About You and Your Business |
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(a) IRUN is committed to protecting
your privacy. IRUN will never sell personally
identifiable information about you or your business
to any third party without first receiving your
permission, and all uses of any personally identifiable
information about you or your business will be
subject to our Privacy
Policy.
(b) In order to protect you,
IRUN uses state-of-the-art technology to protect
your data from unauthorized third parties. Currently
IRUN uses Secure Sockets Layer (SSL) software
to protect your data and secure your transactions.
SSL encrypts or "scrambles" all your
personal information, including your credit card
number, name, and address, as it is transmitted
over the Internet. For more details, please visit
Security.
(a) Member Site Content Changes.
IRUN reserves the right to make changes to Member
Site upon written request by you to Customer Care
to do so, such as through email, or upon breach
of any of the provisions of this Agreement by
providing you notice of such breach and reasonable
time, determined by IRUN at its sole discretion,
to rectify the infringing content. If after such
time has expired the Member Site does not conform
to IRUN's satisfaction, IRUN may make changes
to the content of Member Site to bring it to compliance
with this Agreement. Member agrees not to hold
IRUN liable for any foreseeable, unforeseeable,
direct, or indirect consequences that may result
from changes made by Customer Support to Member
Site in response to Member request to do so or
in response to a Member Site that breaches this
Agreement. IRUN's decisions are final and binding.
Notwithstanding the above, IRUN also reserves
the right to discontinue the provision of any
or all aspects of the IRUN Service or any IRUN
Solution to any Member for any breach of this
Agreement.
(b) Communications. You will
receive a confirmation email from us at the time
of registration. Once registered, you can set
your email subscription preferences by clicking
on the My Account link in the upper right corner
of the Service, then choosing the Email Subscriptions
link. If you choose to receive Member communications,
you may choose to change your email preferences
at any time by following the instructions above.
IRUN reserves the right to communicate with all
Members regardless of their email subscriptions
in the event that important messages need to be
communicated to Members, including, but not limited
to, service outages, material changes or modifications
to the service, and notice of changes to this
Agreement.
(a) Term.
This agreement shall be effective upon when you
click on the Continue button until terminated
in accordance with the provisions below.
(b) Termination by IRUN.
| (i) |
IRUN may at any time without
notice to you discontinue any or all aspects
of the IRUN Service or restrict your use of
the IRUN Service in whole or in part for any
breach of this Agreement by you; or if IRUN
determines in its sole and exclusive judgment
that terminating your use of the IRUN Service
is necessary for security reasons or for proper
continued operation of the IRUN Service; or
your use of the IRUN Service, IRUN Solution,
or Technology is not for legitimate business
purposes, or your use of the IRUN Service
violates any laws or regulation; or if IRUN
receives information that the IRUN Service
or your use of the IRUN Service (or any part
thereof) may violate any third-party right.
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| (ii) |
IRUN may at any time, with thirty (30) days
notice to you, modify or discontinue any or
all aspects of the IRUN Service. |
| (iii) |
IRUN may at any time, with ten (10) days
notice to you, modify or discontinue any or
all aspects of the IRUN Service or any IRUN
Solution, if the credit card number you provide
IRUN expires, or if IRUN is unable to charge
valid charges to that credit card number,
or if you otherwise fail to make payments
due to IRUN hereunder. |
| (iv) |
Upon termination of this Agreement, all
rights granted to you under this Agreement
shall terminate immediately. If IRUN terminates
this Agreement or suspends your access to
the IRUN Service, you will remain liable for
the full charge for the period during which
we terminate or suspend your IRUN Service.
Following such termination or suspension,
you agree not to reregister for or otherwise
access the IRUN Services without IRUN's prior
written approval. IRUN reserves the right
to delete any data files associated with your
use of the IRUN Service upon termination of
this Agreement. |
| (v) |
In the event that a charge back occurs on
your credit card which is your responsibility
(for example, insufficient funds) then you
agree to cover the $25 US charge. If the error
is as a result of IRUN’s mistake, no
charge back fee will apply. |
(c) Termination by You.
You may cancel your IRUN Service at any time.
To cancel, you must submit a written request to
Customer
Care at least five (5) business days before
the beginning of your next billing period. If
your notice to IRUN is within this five (5) business-day
period before the beginning of your next billing
period, you will be charged for the subsequent
billing period, and the cancellation will take
effect for the following billing period. Any cancellations
that occur after the monthly payment is withdrawn
from your credit card are non-refundable and are
not pro-rated.
Effects of Cancellation
If you cancel your IRUN Service, then as of the
end of the applicable billing period, you will
no longer have access to any of the tools and
services included in the service, therefore:
| (i) |
IRUN will no longer host your
web site, and all of your Information will
be deleted |
| (ii) |
you will no longer have access to any site
building services, communication tools, or
reports |
| (iii) |
you will no longer have access to your
Web Mail, and any files, emails, attachments,
email addresses, and any other information
or content included in your Web Mail account
will be deleted |
| (iv) |
you will have no rights to the graphics
or design IRUN has provided once cancellation
is in effect (i.e.: design and graphics are
the sole property of IRUN). |
IRUN IS NOT RESPONSIBLE FOR THE DELETION OF ANY
FILE, ATTACHMENT, INFORMATION, CONTENT, OR ANY
OTHER CONSEQUENCE OF YOUR DECISION TO CANCEL THIS
SERVICE.
You agree to indemnify IRUN and hold IRUN harmless
against any and all liabilities, cost, and expenses,
including reasonable attorney's fees related to
or arising from:
| (i) |
your use of the IRUN Service
in a way that is prohibited or restricted
under this agreement |
| (ii) |
infringement of any copyright, trademark,
intellectual property, or other right or patent
by any material you post or use on your Member
Site |
| (iii) |
any breach by you of this Agreement; and/or |
| (iv) |
any indecent, obscene, or libellous material
posted on your Member Site. |
IRUN does not routinely monitor the content of
Member Sites but will investigate complaints of
a violation of third-party rights. Violations
or infringement of a third-party copyright, other
intellectual property right, or other right will
be dealt with in accordance with the IRUN policy.
As between the parties, IRUN acknowledges that
it claims no proprietary rights in your Information
or any intellectual property right contained therein.
As between the parties, you acknowledge and agree
that IRUN and its licensors own all right, title,
and interest in:
(a) the IRUN Service or any
IRUN Solution
(b) the Technology available
on the IRUN Service or IRUN Solution
(c) and all content, including
but not limited to text, software, music, sound,
photographs, video, graphics, or other material
contained or maintained on the IRUN Service or
IRUN Solution (collectively "IRUN Content"),
excluding all Member Information.
In addition, you agree that the IRUN Content
and Technology available on the IRUN Service or
any IRUN Solution is protected by Canadian, U.S.
and international copyrights, trademarks, service
marks, patents, or other proprietary rights and
laws; therefore, you are permitted to use this
IRUN Content and Technology only as expressly
authorized by IRUN. You also understand and agree
that the compilation, collection, selection, arrangement,
assembly, and coordination of all IRUN Content
available on the IRUN Service or IRUN Solution
is the exclusive property of IRUN and its licensors
and protected by U.S. and international copyright
laws. You agree that, except as expressly authorized
by IRUN, all the IRUN Content and Technology available
on the IRUN Service or IRUN Solution may be used
by you only for your internal business and data-gathering
purposes. You may not make, use, sell, copy, reproduce,
distribute, transmit, or create derivative works
from this IRUN Content or Technology without expressly
being authorized to do so by IRUN.
IRUN (TM), what the web can be (TM), IRUN solutions
(TM) and other pending and/or registered trademarks
and service marks, and other graphics, logos,
and service names used by IRUN on the IRUN Service
or IRUN Solutions to identify the products or
services of IRUN (collectively the "IRUN
Trademarks") are the trademarks of IRUN.
You agree not to use the IRUN Trademarks in connection
with your products or services or any third-party
products or services or in any manner that disparages
or discredits IRUN. All other brands and names
(including third-party product names) used on
the IRUN Service are the property of their respective
owners.
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13. Limitation
on Liability |
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(a) YOU ARE SOLELY RESPONSIBLE
FOR THE PROPER CONDUCT OF YOUR BUSINESS AND ALL
OTHER MATTERS UNDER YOUR CONTROL. REGARDLESS OF
THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF
ACTION, YOU AGREE THAT IN NO EVENT WILL IRUN,
OUR AFFILIATES, CONTRACTORS, SERVICE PROVIDERS,
EMPLOYEES, AGENTS, OR LICENSORS, OR ANY OTHER
PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING
THE IRUN SERVICE, TECHNOLOGY, OR CONTENT AVAILABLE
ON THE IRUN SERVICE ("IRUN AFFILIATES"),
BE LIABLE TO YOU IN ANY MANNER WHATSOEVER:
| (I) |
FOR ANY DECISION MADE OR ACTION OR NONACTION
TAKEN BY YOU IN RELIANCE UPON THE INFORMATION
PROVIDED THROUGH THE IRUN SERVICE |
| (II) |
FOR LOSS OR INACCURACY OF DATA OR COST OF
PROCUREMENT OF SUBSTITUTE GOODS, SERVICES,
OR TECHNOLOGY |
| (III) |
FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL,
OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED
TO LOSS OF REVENUES AND LOSS OF PROFITS, EVEN
IF IRUN HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. |
(b) THE AGGREGATE LIABILITY
OF IRUN AND THE IRUN AFFILIATES ARISING FROM OR
RELATING TO THIS AGREEMENT (REGARDLESS OF THE
FORM OF ACTION OR CLAIM) IS LIMITED TO ANY AMOUNTS
YOU HAVE PAID TO IRUN DURING THE TERM OF THIS
AGREEMENT FOR ANY IRUN SERVICE, IRUN SOLUTION,
OR TECHNOLOGY.
(c) SOME JURISDICTIONS DO NOT
ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY
FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; IN THOSE
JURISDICTIONS OUR LIABILITY SHALL BE LIMITED TO
THE EXTENT PERMITTED BY LAW.
(d) IN NO EVENT IS IRUN OR ANY
IRUN AFFILIATE LIABLE FOR ANY DAMAGES ARISING
FROM YOUR FAILURE TO PERFORM YOUR RESPONSIBILITIES
IN CONNECTION WITH THIS AGREEMENT, OR ARISING
FROM ANY CAUSE BEYOND IRUN'S CONTROL.
(e) THIS SECTION APPLIES TO
ALL CLAIMS BY YOU IRRESPECTIVE OF THE CAUSE OF
ACTION UNDERLYING YOUR CLAIM, INCLUDING BUT NOT
LIMITED TO BREACH OF CONTRACT (EVEN IF IN THE
NATURE OF A BREACH OF CONDITION OR A FUNDAMENTAL
TERM OR A FUNDAMENTAL BREACH), OR TORT, INCLUDING
BUT NOT LIMITED TO NEGLIGENCE, STRICT LIABILITY,
FRAUD, MISREPRESENTATION, AND/OR OTHERWISE.
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14. Warranties/Disclaimers |
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Once you publish your site, you can expect 99
percent availability in any calendar month, excluding
scheduled maintenance or outages beyond our control
or other third-party service provider outages.
Your published site is available when end users
are able to download your homepage from IRUN.
If, for some reason beyond our control, the IRUN
service in unavailable to you and your customers
for less than 80% of the time (calendar month),
IRUN will provide a refund for the affected month.
You acknowledge that in no way will IRUN be held
financially responsible for any loss of business
/ service as a result of downtime of your web
site or the improper functioning of it. Please
report any technical problems to Customer
Care.
Once an IRUN refund is given (for affected calendar
month), it will be applied to your next billing
cycle. If a credit is necessary, you will receive
the appropriate credit within 6 to 8 weeks of
the end of the month in which the Performance
Guarantee was breached. In no event will IRUN
refund any portion of the package service fee.
Availability shall be calculated solely by IRUN.
This Performance Guarantee does not apply to any
technology offered to you in a "preview"
or "beta" mode.
The remedy stated above is your sole remedy for
any breach of the Performance Guarantee.
(a) THE OPINIONS AND VIEWS EXPRESSED
IN ANY MEMBER SITE DO NOT REFLECT THOSE OF IRUN,
AND IRUN DOES NOT REVIEW, VERIFY, ENDORSE, OR
OTHERWISE VOUCH FOR THE CONTENT OR LEGITIMACY
OF ANY MEMBER SITES. IRUN IS NOT RESPONSIBLE FOR
THE CONTENT OF ANY MEMBER PAGE. MEMBERS ARE SOLELY
RESPONSIBLE FOR EVERYTHING CONTAINED IN THEIR
OWN MEMBER SITE. MEMBERS MAY BE HELD LEGALLY LIABLE
FOR THE CONTENTS OF THEIR MEMBER SITE AND MAY
BE HELD LEGALLY ACCOUNTABLE IF THEIR MEMBER SITE
INCLUDES, FOR EXAMPLE, ANY DEFAMATORY COMMENTS
OR MATERIAL PROTECTED BY COPYRIGHT, TRADEMARK,
PATENT, OR TRADE SECRET OR OTHER LAWS WITHOUT
THE EXPRESS PERMISSION OF THE AUTHOR OR OWNER.
(b) IRUN IS NOT RESPONSIBLE
FOR THE DELIVERY OR QUALITY OF ANY GOODS OR SERVICES
SOLD OR ADVERTISED THROUGH THE IRUN NETWORK OR
THROUGH ANY IRUN AFFILIATE PROGRAM OR THROUGH
THE MEMBER SITES.
(c) EXCEPT FOR 14(a), ALL IRUN
SERVICE, CONTENT, AND TECHNOLOGY PROVIDED IN ASSOCIATION
WITH THE IRUN SERVICE ARE PROVIDED "AS IS"
WITHOUT WARRANTIES OF ANY KIND. TO THE FULL EXTENT
PERMISSIBLE BY APPLICABLE LAW AND EXCEPT AS SPECIFICALLY
SET FORTH HEREIN, NEITHER IRUN NOR IRUN'S LICENSORS
MAKE ANY WARRANTIES OR REPRESENTATIONS OF ANY
KIND WITH RESPECT TO THE IRUN SERVICE, CONTENT,
TECHNOLOGY, OR PRODUCTS THAT IRUN OR ITS LICENSORS
OR ANY OTHER THIRD PARTY PROVIDES, AND IRUN AND
ITS LICENSORS EXPRESSLY DISCLAIM ALL IMPLIED AND
EXPRESS WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT WITH
RESPECT TO THE SAME. WITHOUT LIMITING THE FOREGOING,
NO WARRANTY IS GIVEN THAT THE IRUN SERVICE OR
TECHNOLOGY IS ERROR-FREE. IRUN AND ITS LICENSORS
DISCLAIM ANY WARRANTY OF TITLE OR ANY OTHER WARRANTIES
FOR ANY THIRD PARTY'S OFFERING(S) OR PRODUCT(S).
(d) IRUN DOES NOT GUARANTEE
THAT ITS SECURITY PROCEDURES WILL PREVENT THE
LOSS OF, ALTERATION OF, OR IMPROPER ACCESS TO
YOUR INFORMATION. IRUN AND ITS LICENSORS ARE NOT
RESPONSIBLE FOR INVALID DESTINATIONS AND TRANSMISSION
ERRORS IN, CORRUPTION OF, OR THE SECURITY OF YOUR
INFORMATION CARRIED OVER INTEREXCHANGE CARRIERS',
LOCAL EXCHANGE CARRIERS', OR OTHER PROVIDERS'
FACILITIES.
(e) THE DOCUMENTS AND GRAPHICS
APPEARING ON THE IRUN SERVICE MAY INCLUDE TECHNICAL
INACCURACIES, TYPOGRAPHICAL ERRORS, AND OUT-OF-DATE
INFORMATION; THEREFORE YOU EXPRESSLY ASSUME ALL
RISK FOR SUCH USE OF THE IRUN SERVICE, IRUN SOLUTION,
OR TECHNOLOGY.
(f) IRUN MAY PROVIDE LINKS TO
OTHER WEB SITES OR RESOURCES. YOU ACKNOWLEDGE
AND AGREE THAT IRUN IS NOT RESPONSIBLE FOR THE
AVAILABILITY OF SUCH EXTERNAL SITES OR RESOURCES,
AND DOES NOT ENDORSE AND IS NOT RESPONSIBLE OR
LIABLE FOR ANY CONTENT, ADVERTISING, PRODUCTS,
OR OTHER MATERIALS ON OR AVAILABLE FROM SUCH SITES
OR RESOURCES. YOU ALSO AGREE THAT IRUN SHALL NOT
BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY,
FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE
CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE
ON ANY SUCH CONTENT, GOODS, OR SERVICES AVAILABLE
ON SUCH EXTERNAL THIRD-PARTY SITES.
(g) IRUN makes no warranty,
pledge or guarantee as to the effect of Search
Engine Marketing or Positioning on your business
results.
(a) This Agreement shall be
governed by and construed in accordance with Canadian
federal laws, Ontario Provincial laws and U.S.
federal laws, excluding its conflict-of-law provisions.
The application of the United Nations Convention
on Contracts for the International Sale of Goods
is expressly excluded. Any law or regulation that
provides that the language of a contract shall
be construed against the drafter shall not apply
to this Agreement. You agree to submit to the
exclusive jurisdiction of the federal and provincial
courts of the province of Ontario, which are located
in Toronto, ON. If local laws prohibit your participation
in any part of the IRUN Service, or use of them,
then you are responsible for complying with such
laws and the terms of this Agreement.
(b) Any and all disputes between
you and IRUN will be settled by arbitration in
Toronto, ON, in accordance with the provincial
regulations then in force, and you agree that
all negotiations, discussions, and settlements
shall be subject to obligations of confidentiality
and shall not be disclosed to any third party.
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Canada : Neuspeed Springs, Neuspeed Superchargers,
Neuspeed Exhaust.
(c) If any provision(s) of this
Agreement is held to be contrary to law, then
such provision(s) shall be construed, as nearly
as possible, to reflect the intentions of the
parties with the other provisions remaining in
full force and effect.
(d) All notices to you shall
be in writing and shall be made either via email
or conventional mail, or by posting such notices
on the IRUN Service. IRUN may broadcast notices
or messages through the IRUN Service to inform
you of changes to this Agreement, the IRUN Service,
or other matters of importance; such broadcasts
shall constitute notice to you. All notices to
IRUN from you must be made in writing via our
Customer Care form.
(e) IRUN's failure to exercise
or enforce any right or provision of this Agreement
shall not constitute a waiver of such right or
provision unless acknowledged and agreed to by
IRUN in writing.
(f) Except in the event that
you purchase any IRUN Solution, this Agreement
comprises the entire agreement between you and
IRUN and supersedes all prior agreements between
the parties regarding the subject matter contained
herein. Should you choose to purchase any IRUN
Solution, you will be bound by all terms and conditions
relating to the provision of such IRUN Solution.
(g) Your membership in the IRUN
Service and any of your rights hereunder may not
be assigned or transferred to any third party.
IRUN reserves the right to assign this agreement
to any third party that acquires all or substantially
all of its relevant business or assets.
(h) The section titles in this
Agreement are solely used for the convenience
of the parties and have no legal or contractual
significance.
(i) You represent and
warrant that you are over the age of 18 years,
have read this Agreement, and agree to be bound
by its terms and conditions.
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